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Open access
Vitenskapelig publikasjon
(side 86-115)
av Carola Lingaas
Sammendrag

The crime against humanity of apartheid has been widely neglected: jurisprudence is non-existent and the academic discourse modest. The International Criminal Court (ICC) is the first international criminal tribunal to include the crime against humanity of apartheid in its statute, notwithstanding the controversy of this crime. According to critics the crime is a South African phenomenon that has not reached the status of customary law. The provision on apartheid in the Rome Statute of the ICC builds on the Apartheid Convention, which is highly contentious and not signed by any Western state. All the more, it is surprising that apartheid was included in the Statute.

Despite the fact that the crime of apartheid has never been prosecuted, this article argues that its inclusion into the Rome Statute raises some unique and interesting questions. It shows the international community’s belief in the deterrent effect of this crime, as well as its continued importance. This article will scrutinise the elements of the crime and reveal definitional challenges. It will, in particular, discuss potential contemporary situations of apartheid. The ICC Prosecutor will have to release apartheid from its historical connection in order to bring to justice perpetrators of systematic racial oppression.

Open access
Vitenskapelig publikasjon
(side 116-138)
av Dan Jerker B Svantesson
Sammendrag

In Google Spain, the Court of Justice of the European Union ruled that, in certain circumstances, the operator of a search engine is obliged to remove search results from the list of results displayed following a search made on the basis of a person’s name.

In respect of implementation of this ‘right to be forgotten’ — or more accurately ‘right to delisting’ — one of the most important issues relates to the geographical scope of the delisting; that is, once it is decided that certain search results should be delisted, what is the appropriate geographical scope of the delisting? Google is currently only delisting in relation to EU domains such as .es, .nl and .de. However, in sharp contrast, the EU’s Article 29 Working Party on data protection wants global blocking so as to ensure that EU law is not ‘circumvented’.

This article canvasses the contours of this issue and attempts to advance its resolution by proposing a Model Code for Determining the Geographical Scope of Delisting Under the Right To Delisting. While the Model is presented in the EU context, it can easily be transplanted into other jurisdictions as well.

Open access
Vitenskapelig publikasjon
(side 139-174)
av Ignacio Herrera Anchustegui
Sammendrag

Ordoliberalism is a German school of economic thought that advocates regulation of the free market economy based on a set of state-imposed rules guaranteed by the economic constitution, to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and state-planned economy for the better regulation of the market economy, where the goals are the protection of the competitive process and individual freedom. In this paper I submit that ordoliberalism, an indigenous European competition policy, is an adequate economic and analytical tool upon which to base the practice and decision-making of competition law. My aim is twofold: to contribute to the discussion on what ordoliberalism is, in general, and in particular concerning competition policy, and offer a fresh perspective on an ordoliberal-oriented competition policy.

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